Seanad debates

Thursday, 8 November 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

On the issue of confidentiality, I hate to find myself totally in agreement with Senator McDowell. However, those putting themselves forward for senior judicial posts will generally come from the Bar Council and will generally be what we now refer to as sole traders. One negative word can have a detrimental effect on a person's income for the remainder of his or her life. That is something we must take very seriously. If I have learned anything in this House, it is that confidentiality is something which can be taken with a grain of salt in some cases. I recall one day walking out of a commission meeting. We had discussed a particular matter on a confidential basis but as I walked through the door to my office, the phone rang and it was a newspaper reporter asking me to confirm whether the following issue had been discussed. I understand what the Minister meant when he said that he hopes we will not have a plethora of consultants involved in the appointment of judges. However, there is a clear provision for the judicial appointments committee to appoint consultants. Senator McDowell referred to 120 applicants applying for a particular post. There is no way that the committee will have the time to go through each one of those applications so it will employ consultants to come up with a short list.

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